Could I be wrongly prosecuted for theft after returning a knock-off suit?

Full question:

I recently returned a suit to a department store. I was unaware that the suit was a knock-off (I purchased it from an online auction). The suit did not have a tag, but being a one time employee there, I knew what the policy was. The policy is to get a tag from a similar item to appease the customer especially when they are putting it on their store credit card. Another employee returned the suit and put the return money on my credit card. Shortly after, I was arrested for theft. After reading this definition of theft, I think I may have been wrongly prosecuted. Please let me if I am correct. If not, what should I do to keep this off my record. This is my first offense.

• Category: Criminal
• Date: 04/07/2025
• State: Maryland

Answer:

A theft charge in Maryland may involve retail fraud, which occurs when a person knowingly returns an item not purchased at the store to receive a refund. In your case, if you genuinely did not know the suit was a knock-off and followed the store's return policy, you might have grounds to argue against the theft charge.

It may be possible for you to receive a deferred adjudication, which means the charges could be discharged after completing probation. The relevant Maryland statute outlines the conditions under which a court can grant probation and the terms involved (Md. Code Ann., Crim. Proc. § 6-220).

Additionally, Maryland allows for the expungement of criminal records under certain conditions. You can petition for expungement if you are acquitted, the charge is dismissed, or if you receive probation before judgment, among other criteria (Md. Code Ann., Crim. Proc. § 10-105).

Given the complexities involved, it is highly recommended that you consult with a local attorney for personalized legal advice and assistance in navigating your situation.